10 Questions
What is the definition of a recidivist?
One who, at the time of trial for one crime, has been previously convicted of another crime embraced in the same title of the Code.
When is there treachery in the commission of a crime?
There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to ensure its execution, without risk to himself arising from the defense which the offended party might make.
What constitutes an unlawful entry in the commission of a crime?
An unlawful entry occurs when an entrance of a crime a wall, roof, floor, door, or window is broken.
Under what circumstances is advantage taken of superior strength in the commission of a crime?
Advantage is taken of superior strength when means are employed to weaken the defense.
What are some examples of methods used to commit a crime according to the text?
Inundation, fire, poison, explosion, stranding of a vessel, derailment of a locomotive, or any other artifice involving great waste and ruin.
What are aggravating circumstances according to Art. 14, RPC?
Those which, if attendant in the commission of the crime, serve to increase the penalty without exceeding the maximum of the penalty provided by law for the offense, or change the nature of the crime.
What are the examples of aggravating circumstances listed in Art. 14, RPC?
- Advantage taken by the offender of his public position. 2. The crime being committed in contempt or with insult to the public authorities. 3. The act being committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or in the dwelling of the offended party, if the latter has not given provocation. 4. The act being committed with abuse of confidence or obvious ungratefulness. 5. The crime being committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship.
What is the basis of aggravating circumstances?
They are based on the greater perversity of the offender manifested in the commission of the felony.
What is the effect of aggravating circumstances on the penalty for the offense?
Aggravating circumstances serve to increase the penalty without exceeding the maximum of the penalty provided by law for the offense, or change the nature of the crime.
Under what circumstances may the commission of a crime be considered an aggravating circumstance according to Art. 14, RPC?
The crime being committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense.
Test your knowledge of aggravating circumstances in criminal law with this quiz. Explore the factors that can increase penalties or change the nature of a crime based on the greater perversity of the offender.
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